(1) By authority of Article X of the Montana Constitution and 20-4-102, MCA, the Board of Public Education exercises general supervision over the public school system and such other public educational institutions as may be assigned by law. By authority of 20-4-102, MCA, the Board of Public Education adopts rules for the issuance of educator licenses which are administered by the Superintendent of Public Instruction.

(2) The board shall consider recommendations for revision of the rules at any time it deems necessary. Every five years the board shall conduct a comprehensive review of its licensure rules to ensure that such rules are meeting the needs of the state.

(3) The Superintendent of Public Instruction shall provide an annual report to the Board of Public Education on the number of Montana educator licenses issued, licensure denials, number of emergency authorizations of employment, and other relevant, available data pertaining to recruitment and retention of educators in Montana.

The following definitions apply to this chapter.

(1) "Acceptable evidence" means relevant official transcripts, university recommendation, certificates of completion, and other documentation as required by the Board of Public Education or the Superintendent of Public Instruction.

(2) "Accredited specialist program" means:

(a) for school psychologists, a program accredited by the National Association of School Psychologists (NASP); and

(b) for school counselors, a program for the preparation of specialists approved or accredited by:

(i) the Council for the Accreditation of Counseling and Related Education Programs (CACREP); or

(ii) a state board of public education or a state agency.

(3) "Appropriate grade level(s)" means early childhood, elementary, middle, secondary, or other levels as defined by the Board of Public Education.

(4) "Appropriate official" means the Superintendent of Public Instruction, the dean of the school of education or another official designated by them.

(5)  "Approved preparation program" means:

(a) An educator preparation program accredited by the National Council for the Accreditation of Teacher Education (NCATE) or the Council for the Accreditation of Educator Preparation (CAEP) or the Montessori Accreditation Council for Teacher Education (MACTE). A MACTE educator preparation program is subject to the following restrictions: 

(i) Completion of a MACTE accredited program may only be used by an applicant for licensure who has also completed at least a bachelor's degree; and 

(ii) The resulting license granted to an applicant for licensure who has completed a MACTE accredited program shall be limited to early grades or middle grades licensure and only for the grade levels covered by the MACTE accredited program completed by the applicant; or 

(b)  An educator preparation program at a regionally accredited college or university approved or accredited by a state board of education or state education agency; or

(c) An educator preparation program approved by a state board of education or state education agency that leads to licensure in the state of preparation. 

(6) "Certification" means licensure of an educator/specialist, as issued by the state of Montana, based on completion of a teacher, administrator, specialist program of an approved educator preparation program. Certification includes grade level(s), endorsement(s), and classification. 

(7) "College credit" means credit received for completion of a course from a regionally accredited college or university.

(8) "Course work GPA" means the weighted average of teacher education program course grades, weighted by credit hours, and calculated over the defined period of study at a regionally accredited college or university.  The weights reflect the relative contributions of teacher education program course requirements, including content area coursework, based on contact hours or credits earned. The weighted average is calculated as follows:

(a)  For each course required by the program, multiply the numeric grade value earned by the number of credits for the course;

(b)  Sum the products for all the courses included in (a); and

(c)  Divide the sum calculated in (b) by the total credits for all the required courses.

(9) "Endorsement" means an official indication on a license of the grade level(s), subject area(s), or specialist program area(s) as listed in Subchapter 4 for which the licensee is authorized. Grade levels are:

(a)  P-3 (early childhood);

(b) K-8 (elementary);

(c) 4-8 (middle grades);

(d) 5-12 (secondary, content-specific);

(e) K-12 (as delineated in ARM 10.57.412); and

(f) P-12 (special education and school psychologist).

(10)  "Exchange teacher" means a person from outside the United States with exceptional expertise and contracted to provide instruction that is on an exchange program with a school district or university.

(11) "Lapsed license" means:

(a) the licensee has not earned the required number of professional development units during the term of the license; or

(b) the licensee has earned the required number of professional development units during the term of the license but has not renewed the license by June 30 following the year of expiration.

(12) "License" or "licensure" means a certificate issued or applied for under 20-4-101, et seq., MCA.

(13) "Military dependent" means an adult dependent of a member of the armed forces of the United States, or a reserve component of the armed forces of the United States, stationed in Montana in accordance with military orders or stationed in Montana before a temporary assignment to duties outside of the state.

(14) "Regionally accredited" means a college or university accredited by one of the following: 

(a) Higher Learning Commission; 

(b) Middle States Association of Schools and Colleges;

(c) New England Association of Schools and Colleges;

(d) Northwest Commission on Colleges and Universities;

(e) Southern Association of Schools and Colleges; or

(f) Western Association of Schools and Colleges.

(15)  "Student-teaching portfolio" means a type of performance assessment that asks candidates to demonstrate what they have learned, how they engage in the learning process, and how they apply their knowledge demonstrating their preparedness for the teaching profession.

(16) "Supervised teaching experience" means teaching experience while under the supervision of an approved educator preparation program and is identified through acceptable evidence as delineated in ARM 10.57.102(1) as field experience, internship, practicum, or student teaching.

(17) "Unrestricted license" means a current renewable license that is not an emergency or provisional license.  

(18) "Year of administrative experience" means employment as a licensed administrator at any level within a P-12 school system, or in an educational institution specified in 20-9-707, MCA, for a minimum of a 180-day school year or its equivalent in minimum aggregate hours as defined by 20-1-301, MCA, and during that year, must have been at least a 0.5 full time employee (FTE). Experience as a County Superintendent may be considered as "administrative" experience with evidence of the following:

(a) possession of a Class 3 license for the time period requested to be considered as administrative experience; and

(b) the school(s) they are claiming to hold or have held supervisory responsibilities over have provided notice that the county superintendent served in an administrative role.

(19) "Year of teaching experience" means employment as a licensed teacher at any level within a P-12 school system, or in an educational institution specified in 20-9-707, MCA, for a minimum of a 180-day school year or its equivalent in minimum aggregate hours as defined by 20-1-301, MCA, and during that year, must have been at least a 0.5 full time employee (FTE). Experience gained prior to initial licensure is not considered.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) In accordance with 20-4-111, MCA, district administrators who have exhausted all possibilities for hiring a licensed teacher may request that the Superintendent of Public Instruction issue an emergency authorization of employment to the district to employ a person to teach. The following requirements must be met to ensure approval of the request:

(a) The request must originate with the school district.

(b) The position must have been advertised at least statewide far enough in advance to reasonably enable qualified applicants to submit applications and be interviewed. The obligation of a statewide advertisement may be satisfied through any reasonable means, including use of the Montana Jobs for Teachers Service of the Office of Public Instruction.

(c) The individual for whom the emergency authorization is being sought shall:

(i) have previously held a teacher or specialist license; or

(ii) provide acceptable evidence of academic qualifications or significant experience related to the area for which the emergency authorization of employment is being sought; or

(iii) provide evidence of experience as a paraprofessional; or

(iv) provide evidence to be assigned as a student teacher engaged in "supervised teaching experience" as defined in ARM 10.57.102(16). 

(2) An emergency authorization of employment is valid for one year and is eligible for continued authorization from year to year depending on satisfaction of conditions set forth in this rule.

(3) Experience as a classroom teacher when authorized pursuant to this rule qualifies as teaching experience as defined in ARM 10.57.102(19).

(4) Emergency authorization of employment for special education teachers is prohibited under federal regulations and is unavailable to a district for such positions. 

This rule has been repealed.

(1) The Board of Public Education is aware that these licensure rules cannot cover all the special circumstances that can arise. Therefore, the Superintendent of Public Instruction is authorized to exercise judgment in unusual cases and report any such actions to the Board of Public Education on an annual basis.

(2) If the Superintendent of Public Instruction denies an unusual case, the denial may be appealed to the Board of Public Education within 30 days of the denial.

(3)  Upon receiving a timely notice of appeal from the denial of an unusual case, the Board of Public Education shall set an unusual case hearing and shall provide notice of the hearing to the prospective licensee and Superintendent of Public Instruction, by certified mail not less than 30 days prior to the date of the hearing.

(a)  Such notice shall include:

(i)  a statement of the time, place, and nature of the hearing;

(ii)  a statement of the legal authority and jurisdiction under which the hearing is to be held;

(iii)  a reference to the particular sections of the statutes and rules involved;

(iv)  a statement of the matters asserted;

(v)  a designation of who will hear the allegation pursuant to ARM 10.57.603; and

(vi)  a statement of the licensee's right to be represented by counsel at the hearing if they so choose at their own cost.

(b)  The notice shall advise the prospective licensee that the unusual case hearing will be open to the public unless an individual's right to privacy outweighs the public's right to know as determined by the Board of Public Education.

(4)  The prospective licensee and/or the Superintendent of Public Instruction may waive their right to the 30 days' notice in order to be placed on the next meeting agenda by writing a letter to the Board of Public Education.

This rule has been repealed.

(1) A Class 5 license may be issued to an exchange teacher as defined in ARM 10.57.102(11) who is on an exchange program with a school district or university.

(1) Internships are defined in ARM 10.55.602.

(2) As part of an internship agreement, the parties must agree to the following:

(a) the intern will complete the requirements for the appropriate endorsement within three years;

(b) the school district will provide local supervision and support of the intern; and

(c) the accredited educator preparation program will approve the coursework and provide support and periodic supervision.

(3) If entering into internship agreements, the accredited Montana educator preparation program must report each enrolled intern to the Superintendent of Public Instruction no later than November 15 of each year.

(4) For each intern a district desires to have deemed appropriately assigned, the school district must report to the superintendent during the annual data collection, at the beginning of years two and three of each internship agreement, the intern's yearly progress toward completion of the program of study.

(5) An intern may be considered appropriately assigned for up to three years while enrolled in and making progress toward completion of a Montana accredited educator preparation program. Extension may be granted at the discretion of the Superintendent of Public Instruction as authorized in ARM 10.57.109. Requests for extension must be submitted by the intern and supported by the accredited educator preparation program and the school district. A request for extension must demonstrate evidence of extreme hardship or other circumstances beyond the control of the intern which prevented timely completion of the agreed upon plan of study.

(6) If an intern fails to show sufficient and satisfactory annual progress in the plan of study toward completion of a Montana accredited educator preparation program, the Superintendent of Public Instruction may consider that intern inappropriately assigned.

(7) An emergency authorization of employment granted by the Superintendent of Public Instruction pursuant to 20-4-111, MCA is not a license; it is granted to a district which, under emergency conditions, cannot secure the services of an appropriately licensed and endorsed teacher or principal. A person authorized under 20-4-111, MCA is not eligible for an internship.

This rule has been repealed.

(1) The National Child Protection Act of 1993, as amended, (codified at 42 United States Code sections 5119a and 5119c) (the "Act") authorizes a state and national criminal history background check to determine the fitness of an employee, volunteer, or other person with unsupervised access to children, the elderly, or individuals with disabilities. The purpose of this rule is to support the Superintendent of Public Instruction's duty to determine whether an applicant for licensure has been convicted of a crime that bears upon the applicant's fitness related to the safety and well-being of children and the integrity of the teaching profession.

(2) Each of the following applicants shall provide to the Montana Department of Justice information and material sufficient to obtain a fingerprint-based national criminal history background check:

(a) any applicant for initial Montana educator licensure;

(b) any applicant seeking to reinstate a lapsed, surrendered, revoked, or suspended educator license; or

(c) an individual for whom a school district is seeking emergency authorization of employment pursuant to 20-4-111, MCA, and ARM 10.57.107.

(3) Neither the Superintendent of Public Instruction nor the Board of Public Education shall bear the costs of the background check.

(4) The Superintendent of Public Instruction shall not issue a Montana educator license pursuant to 20-4-101, et seq., MCA, until the applicant's background check has been completed and the results delivered to and reviewed by the Superintendent of Public Instruction.

(5) To initiate the criminal history background check process, the applicant must submit a set of fingerprints on the appropriate form to the Montana Department of Justice for the purpose of licensure. Criminal background checks submitted for other purposes will not be acceptable for licensure.

(6) As part of the licensure application process, the applicant must provide character and fitness information to the Superintendent of Public Instruction. If the applicant has any criminal history record, the applicant must provide a description and explanation of the circumstances of the crime.

(7) Each applicant who is the subject of a criminal history background check is entitled to receive a copy of the report from the Superintendent of Public Instruction with the appropriate identification and signed release. The applicant may challenge the accuracy and completeness of any information contained in any such report through the Montana Department of Justice procedures.

(8) The Montana Office of Public Instruction shall make a determination whether the applicant has been convicted of, or is under pending indictment for, a crime that bears upon the applicant's fitness related to the safety and well-being of children or the teaching profession.

(9) Conviction, including conviction following a plea of nolo contendere, a conviction in which the sentence is suspended or deferred, or any other adjudication treated by the court as a conviction, may be considered by the Superintendent of Public Instruction in the licensure process if the conviction was for a sexual offense, a crime involving violence, the sale of drugs, theft, or any other offense related to public health, welfare, and safety as it applies to the teaching profession.

This rule has been repealed.

This rule has been repealed.

(1) The determination of appropriate educational experience shall be made by the Superintendent of Public Instruction.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) When a person employed in a position requiring a Montana educator license is called into active military service, the unexpired term of an active educator license shall be extended in proportion to the length of active military service. Official notification of the beginning and termination dates of active military service must be submitted to the Superintendent of Public Instruction when the person has been released from active duty.

(2) The extension period of the unexpired term of any license becomes automatically effective on the previous July 1 of the year of termination of active military service. On expiration of this extension period, renewal requirements must be met for further licensure.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Montana Class 1, 2, 3, and 6 educator licenses may be renewed with verification of 60 professional development units earned during the five years of validity through August 31 of the year the license expires.

(2) Participation in professional development activities is equivalent to the following professional development units:

(a) one hour of attendance at a professional development activity = one professional development unit;

(b) one quarter college credit = 10 professional development units;

(c) one semester college credit = 15 professional development units.

(3)  Professional development activities used to renew or obtain all licenses must be a planned and structured experience, of benefit to the licenseeʹs professional development as defined in ARM 10.55.714, an exposure to a new idea or skill or an extension of an existing idea or skill, and in compliance with (4).

(4) Activities acceptable to renew or obtain licenses are professional development, training, workshops, or coursework consistent with P-12 public school curriculum and may include:

(a) credits earned from a regionally accredited college or university;

(b) activities offered by professional development unit providers approved pursuant to ARM 10.57.216 and documented on an OPI professional development unit certificate;

(c) other professional development activities offered by providers who have not been approved as a professional development unit provider pursuant to ARM 10.57.216, when licensees have received approval for the professional development activity from the Superintendent of Public Instruction;

(d) another state's validated professional development activities other than college or university credit when the intent and structure of the process ensures the meeting or exceeding of Montana professional development unit requirements for licensure;

(e) the instruction of a relevant college or university course by a Montana licensee who has achieved a graduate degree in an endorsed field of specialization; or

(f) verification of completing the National Board Certification (NBC) process through the National Board of Professional Teaching Standards or successfully achieving and renewing NBC licensure shall result in 60 professional development units. NBC professional development units may apply to renewal of an expiring license.

(5) The licensee shall be solely responsible for retaining the professional deveopment unit verification to be used in the application for license renewal.

(1) Organizations wishing to offer professional development activities for the award of professional development units must receive approval from the Superintendent of Public Instruction prior to offering activities. Status as an approved provider will continue as long as the provider is in compliance with (2).

(2) Approved providers of professional development for the award of professional development units must:

(a) provide activities deemed appropriate for professional development of licensees in compliance with ARM 10.55.714 and 10.57.215;

(b) prepare and award completed professional development unit certificates provided by the Superintendent of Public Instruction to eligible participants;

(c) annually report the activities offered to the Superintendent of Public Instruction, including:

(i) the activity title and brief description;

(ii) date(s) and location(s) of the program; and

(iii) program schedule, name, and number of participants; and

(d) maintain records of all professional development activities for which professional development unit awards are made for five years following the date of completion of the annual reporting requirement.

(3) The Superintendent of Public Instruction shall provide access to approved professional development providers and annually provide a report to the Board of Public Education, which shall include, at a minimum, a list of providers.

(1) Decisions of the Superintendent of Public Instruction on matters of professional development unit activity or provider status may be appealed to the Board of Public Education pursuant to ARM 10.57.603.

(1) Applications to the Superintendent of Public Instruction for license renewal shall include a listing of the activities completed for renewal as required by ARM 10.57.215. The licensee is responsible for maintaining official documentation verifying completion of professional development activities during the term of the license.

(2) The Superintendent of Public Instruction may conduct an audit of any renewal applications submitted. Those licensees selected for audit will be required to submit official transcripts or original professional development unit certificates within 60 days from the date the renewal application is submitted or from the date of the audit letter.

(3) Failure to respond within the time allowed to a request for professional development unit activities in connection with an audit may result in denial of license renewal.

This rule has been repealed.

This rule has been repealed.

(1)  A Class 1, 2, 3, 4, or 6 license may be issued to a military spouse and/or dependents who holds a current, out-of-state unrestricted license. 

(2)  The license shall be valid for a term of five years.

(3)  The applicant must:

(a)  be the spouse and/or a dependent of an active-duty member of the United States armed forces who has been transferred to Montana, is scheduled to be transferred to Montana, is domiciled in Montana, or has moved to Montana on a permanent change-of-station basis; and

(b)  submit verified completion of the online course ʺAn Introduction to Indian Education for All in Montana."

(c)  An applicant for a Class 3 administrative license must submit verified completion of the requirements of ARM 10.57.413.

(1) The only endorsements on Montana teaching, administrative, or specialist licenses are those approved by the Board of Public Education.

(2) An initial endorsement may be granted by the Superintendent of Public Instruction based on the program of study completed as verified by the appropriate official defined in ARM 10.57.102.

(3)  To add an additional endorsement to a Class 1 or 2 license, an applicant must submit verification of one of the three pathways:

(a)  Completion of a program of study as verified by the appropriate official, defined in ARM 10.57.102; and

(i) proof of a minimum passing score on the PRAXIS Subject Assessment applicable to the requested endorsement as established by the Office of Public Instruction and approved by the Board of Public Education; on the endorsement-related content area exam; or

(ii) evidence of a passing score on a student teaching portfolio as defined in ARM 10.57.102 and verified by the appropriate official from the educator preparation program; or

(iii) evidence of a 3.00 or higher coursework Grade Point Average (GPA) as defined in ARM 10.57.102 and verified by the appropriate official from the educator preparation program.

(b) Posted Degree, Major, Minor, or National Board for Professional Teaching Standards Certification: Evidence of completion of at least one of the following degrees in the area applicable to the requested endorsement:

(i) a doctorate degree;

(ii) a master's degree;

(iii) a baccalaureate degree, with a major or posted minor of at least 18 semester hours in the endorsement area requested; or

(iv) a certificate for National Board of Certification for Teaching;

(v) This method is not available for early childhood (P-3), elementary education (K-8), reading (K-12), English as a second language (K-12); School Administrator (Superintendent, Principal, or Supervisor); Specialist (School Psychologist or School Counselor); and initial endorsements in Special Education fields.

(c)  Content Area Knowledge and Teaching Experience: Evidence of two years of teaching experience while appropriately licensed documented by a recommendation from a P-12 school employer on a form prescribed by the Superintendent of Public Instruction and proof of a minimum passing score on the PRAXIS Subject Assessment applicable to the requested endorsement as established by the Office of Public Instruction and approved by the Board of Public Education; on the endorsement-related content area exam. Only where content area exam(s) have been identified may endorsements be added with this method. 

(i)  If the applicant has a categorical special education endorsement, the applicant must pass the state-designated content test for a K-12 special education endorsement. If the applicant has a P-3 or K-8 special education endorsement, the applicant must have a minimum of two years of teaching experience as appropriately licensed in special education and pass the state-designated pedagogy test for the secondary level to add the K-12 special education endorsement.

(ii)  This method is not available for early childhood (P-3), elementary education (K-8), reading (K-12), english as a second language (K-12); School Administrator (Superintendent, Principal, or Supervisor); Specialist (School Psychologist or School Counselor); and initial endorsements in Special Education fields.

(4) An endorsement may be dropped from a license at the end of its valid term if licensure requirements pursuant to these rules are met. 

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been transferred.

(1) A Class 2 standard teacher's license shall be valid for a term of five years.

(2) Applicants for an initial Montana Class 2 standard teacher's license whose degree is more than five years old and who do not have current out-of-state licensure must have earned 60 professional development units as defined in ARM 10.57.215(4) within the five-year period preceding the effective date of the license. For the purposes of this provision, current licensure does not include provisional or restricted licenses.

(3) To obtain a Class 2 standard teacher's license an applicant must submit verification of all of the following:

(a) a bachelor's degree from a regionally accredited college or university;

(b) completion of an approved educator preparation program including appropriate supervised teaching experience as the terms are defined in ARM 10.57.102 with a recommendation for the license requested from the appropriate official from the educator preparation program;

(c) qualification for one or more endorsement as outlined in ARM 10.57.412;

(d) verified completion of the online course "An Introduction to Indian Education for All in Montana"; and

(e)  proof of:

(i)  a minimum passing score on the PRAXIS Subject Assessment applicable to the requested endorsement as established by the Office of Public Instruction and approved by the Board of Public Education; or

(ii)  a passing score on a student-teaching portfolio as defined in ARM 10.57.102 and verified by the appropriate official from the educator preparation program; or

(iii)  a 3.00 or higher course work grade point average (GPA) as defined in ARM 10.57.102 and verified by the appropriate official from the educator preparation program; or

(iv)  verified completion of an educator preparation program, a current standard, unrestricted out-of-state educator license, and two years of successful teaching experience as defined in ARM 10.57.102 as documented by a recommendation from the out-of-state P-12 school employer on a form prescribed by the superintendent of public instruction.

(4) A Class 2 standard teacher's license is renewable pursuant to the requirements of ARM 10.57.215.

(5) A lapsed Class 2 standard teacher's license may be reinstated by earning 60 professional development units as defined in ARM 10.57.215(4) during the five-year period preceding the date of application for the new license.

(1) A Class 1 professional teacher's license shall be valid for a period of five years.

(2) To obtain a Class 1 professional teacher's license an applicant must submit verification of all the following:

(a) eligibility for the Class 2 standard teacher's license as set forth in ARM 10.57.410;

(b) completion of "An Introduction to Indian Education for All in Montana"; and

(c) a master's degree in education or an endorsable teaching area(s) from a regionally accredited college or university or certification by the National Board for Professional Teaching Standards.

(3) A Class 1 professional teacher's license shall be renewable pursuant to the requirements of ARM 10.57.215.

(4) A lapsed Class 1 professional teacher's license may be reinstated by earning 60 professional development units as defined in ARM 10.57.215(4) during the five-year period preceding the date of application for the new license.

(1) Subject field endorsement must be in areas approved for endorsement by the Board of Public Education.

(2) Areas approved for endorsement on Class 1 and 2 licenses include the following: agriculture, art K-12, biology, business education, chemistry, communication, computer science, early childhood (P-3), earth science, economics, elementary education (K-8), English, English as a second language K-12, family and consumer sciences, geography, health, health and physical education K-12, history, industrial trades and technology education, journalism, library K-12, mathematics, middle grades (4-8), music K-12, physical education K-12, physics, political science, psychology, reading K-12, school counseling K-12, science (broadfield), social studies (broadfield), sociology, special education P-12, special education P-12 hearing impairment, special education P-12 vision impairment, theater, traffic education, and world languages K-12.

(3) As appropriate, grade level endorsements may be issued as consistent with the educator preparation program completed by the applicant.

(4) Permissive special competencies or endorsements identified on an educator license, but no longer offered, may be retained as long as the licensee continues to renew the license.

(5) To obtain an early childhood (P-3), elementary (K-8), middle grades (4-8), secondary (5-12 content-specific), K-12, or P-12 (special education) endorsement, an applicant must provide verification of completion of an approved educator preparation program at the grade level(s) identified by the program, including supervised teaching experience or a waiver of this requirement if the applicant has previously had supervised teaching experience.

(6) Applicants must also submit a recommendation for any endorsement requested from the appropriate official from an approved educator preparation program.

(7) Applicants who have completed an approved educator preparation program outside of Montana and hold endorsements in specific disability areas (for example, early childhood special education, autism, hearing impaired) may qualify for a special education P-12 endorsement in hearing and vision upon verification of program completion and proof of a minimum passing score on the PRAXIS Subject Assessment applicable to the special education endorsement.

(8) Applicants with graduate degrees in an endorsable area may use experience instructing in relevant college or university courses as credit in that endorsement area for licensure.

(1) A Class 3 administrative license shall be valid for a period of five years.

(2) Appropriate administrative areas which may be approved for license endorsement are: elementary principal, secondary principal, K-12 principal, K-12 superintendent, and supervisor.

(3) To obtain a Class 3 administrative license, except pursuant to ARM 10.57.419, an applicant must be eligible for an appropriately endorsed Class 1, 2, or 5 teaching license or Class 6 School Counseling license to work in the school(s) in which the applicant would be an administrator or would supervise, and qualify as set forth in ARM 10.57.414, 10.57.415, and 10.57.418.

(4) The requirements of ARM 10.57.414(1)(c)(i) through (iii) must be met by an applicant seeking a superintendent endorsement.

(5) An applicant for a Class 3 administrative license must submit verified completion of the online course ʺAn Introduction to Indian Education for All in Montana.ʺ

(6) A Class 3 administrative license shall be renewable pursuant to the requirements of ARM 10.57.215.

(7) A lapsed Class 3 administrative license may be reinstated by earning 60 professional development units as defined in ARM 10.57.215(4) during the five-year period preceding the date of application for the new license.

(1) To obtain a superintendent endorsement an applicant must provide verification of all of the following:

(a) an education specialist, masterʹs, or doctoral degree from a regionally accredited college or university in education or education leadership;

(b) completion of an approved educator preparation program as defined in ARM 10.57.102 for superintendents with a recommendation for the license requested from the appropriate official from the educator preparation program;

(c) completion of courses covering Montana School Finance, Montana School Law, and Montana Collective Bargaining and Employment Law. In order to qualify, such courses must have been provided either by:

(i) an approved professional development provider pursuant to ARM 10.57.216; or

(ii) an approved school administrator preparation program;

(d) completion of the online course "An Introduction to Indian Education for All in Montana"; 

(e) a minimum of three years of experience as an appropriately licensed teacher or school counselor;

(f) licensure and endorsement as a principal; and

(g) a minimum of one year of administrative experience as an appropriately licensed principal or one year of a supervised Board of Public Education approved administrative internship as a superintendent.

(1) To obtain an elementary, secondary, or K-12 principal endorsement an applicant must provide verification of:

(a) a minimum of three years of teaching or school counseling experience with a standard, unrestricted license at the level of the requested endorsement;

(b) a master's degree from a regionally accredited college or university in education or education leadership;

(c) completion of an approved educator preparation program as defined in ARM 10.57.102 for principals at the level of the requested endorsement with a recommendation from the appropriate official from the educator preparation program;

(d) completion of three semester credits of college courses in school law, including special education law; and

(e) verified completion of the online course "An Introduction to Indian Education for All in Montana."

This rule has been repealed.

This rule has been repealed.

(1) To obtain a supervisor endorsement in specific fields such as math, music, and school counseling an applicant must provide verification of:

(a) completion of an approved educator preparation program with a recommendation from the appropriate official from the educator preparation program;

(b) completion of a master's degree in the area requested for endorsement at a regionally accredited college or university;

(c) eligibility for a Class 1 or Class 2 teaching license endorsed in the field of specialization or Class 6 school counseling license;

(d) three years of teaching experience or school counseling with a standard, unrestricted license;

(e) completion of a supervised practicum/internship at an approved educator preparation program; and

(f) verified completion of the online course "An Introduction to Indian Education for All in Montana."

(1) To obtain a supervisor endorsement in the specific field of special education an applicant must provide verification of:

(a) completion, at a regionally accredited college or university, of a master's degree in special education or a master's degree in the following special education- related service fields: school psychologist, speech-language pathologist, audiologist, physical therapist, occupational therapist, registered nurse, clinical social worker, or clinical professional counselor;

(b) full licensure in the field of specialization;

(c) three years of teaching experience or three years of experience in a P-12 school setting with a standard, unrestricted license as a fully licensed and assigned related services provider;

(d) three semester credits in special education law;

(e) a supervised practicum/internship from an approved special education supervisor program;

(f) verified completion of the online course "An Introduction to Indian Education for All in Montana;" and 

(g) recommendation for the endorsement from the appropriate official from an approved special education supervisor program.

(1) A Class 4 license is specific to career and technical education and shall be valid for a period of five years.

(2) There are three types of Class 4 licenses:

(a) A Class 4A license issued to individuals holding a valid Montana teaching license, but without an appropriate career and technical education endorsement;

(b) A Class 4B license issued to individuals with a certificate of completion from an apprenticeship program or associate or  bachelor's degree from a regionally accredited college or university, but who do not hold a valid Montana teaching license with the appropriate career and technical education endorsement; and

(c) A Class 4C license issued to individuals who hold at least a high school diploma or high school equivalency diploma and meet the minimum requirements for endorsement.

(3) To obtain a Class 4 career and technical educator license an applicant must:

(a) meet the requirements of (2)(a), (b), or (c) above and qualify for one or more endorsements as outlined in ARM 10.57.421; and

(b) verify completion of the online course "An Introduction to Indian Education for All in Montana."

(4) A Class 4 license shall be renewable pursuant to the requirements of ARM 10.57.215 and the requirements specific to each type of Class 4 license.

(a) Class 4A licenses shall be renewable by earning 60 professional development units. Endorsement related technical studies may be accepted. The first renewal must show evidence of professional development units earned in each of the following areas:

(i) curriculum and instruction in career and technical education; and

(ii) safety and teacher liability.

(b) Class 4B or 4C licenses shall be renewable by earning 60 professional development units. The first renewal must show evidence of professional development units earned in the following areas:

(i) curriculum and instruction in career and technical education; and

(ii) safety and teacher liability.

(c) Other professional development appropriate to renew a Class 4B or 4C license includes the following:

(i) principles and/or philosophy of career and technical education;

(ii) curriculum and instruction in career and technical education;

(iii) learning styles/teaching styles; including serving students with special needs;

(iv) safety and teacher liability;

(v) classroom management;

(vi) teaching methods;

(vii) career guidance in career and technical education; or

(viii) endorsement related technical studies, with prior OPI approval.

(5) A lapsed Class 4 license may be reinstated by showing verification of 60 professional development units earned during the five-year period preceding the validation date of the new license, including professional development units in:

(a) curriculum and instruction in career and technical education;

(b) safety and teacher liability; and

(c) endorsement related technical studies or industry validated training.

(1) Recognized occupations eligible for a Class 4 license shall be evaluated on an annual basis by the Superintendent of Public Instruction. Appropriate career and technical education areas acceptable for endorsement on the Class 4 license include but are not limited to the following: agriculture business, agriculture mechanics, auto body, automotive technology, aviation, building maintenance, building trades, business marketing, computer coding, computer information systems, culinary arts, diesel mechanics, drafting, electronics, emergency medical technician (EMT), engineering, fire and disaster services, graphic arts, health science education, heavy equipment operations, horticulture, industrial mechanics, livestock production, machining, metals, plant and soil sciences, Reserve Officer Training Corps (ROTC) instruction, small engines, stagecraft, teacher education, videography, and welding.

(2) Endorsements removed from the list of recognized occupations may be retained as long as the licensee continues to renew the license.

(3) To obtain an endorsement on a Class 4 license, an applicant must provide verification of a minimum of 5,000 hours of documented, relevant work experience which may include apprenticeship training, documenting the knowledge and skills required in the specific trade in which they are to teach. Acceptable documentation of relevant work experience is determined by the Superintendent of Public Instruction and may include, but is not limited to:

(a) work experience completed and verified by previous employers, to include a detailed description of the duties performed during employment;

(b) for self-employed individuals, examples of projects completed, letters of verification from clients or customers, profit and loss statements demonstrating the viability of the business or self-employment;

(c) verification of teaching experience in the area requested for endorsement, accompanied by verification of substantial work experience in the area requested for endorsement; or

(d) certificates of completion of appropriate technical programs or related college degrees and coursework, and industry certification (e.g., ASE, AWS).

(4) For health science education, engineering, computer information systems, computer coding, teacher education, EMT, or fire and disaster services, an alternative to the above requirement of 5,000 hours of work experience may be substituted as recognized by the Office of Public Instruction and the Board of Public Education as follows:

(a) For health science education:

(i) hold a Class 1 or 2 license with an endorsement in health or any of the science areas;

(ii) provide verification of successful completion of a blended learning professional development course of at least 60 hours by a provider recognized by the Office of Public Instruction and the Board of Public Education; and

(iii) successful completion of coursework in human biology or anatomy and physiology; or

(iv) hold a current professional license in a related health occupation field.

(b) For engineering:

(i) hold a Class 1 or 2 license with an endorsement in math or science; and

(ii) provide verification of successful completion of a blended learning professional development course of at least 60 hours by a provider recognized by the Office of Public Instruction and the Board of Public Education.

(c) For computer information systems an individual may provide verification of completion of an approved technical program in a recognized training institution and hold a professional license or industry standard certificate recognized by the Office of Public Instruction and the Board of Public Education.

(d) For computer coding:

(i) hold a Class 1 or 2 license; and

(ii) provide verification of successful completion of a blended learning professional development course of at least 60 hours by a provider recognized by the Office of Public Instruction and the Board of Public Education.

(e) For teacher education:

(i) hold a Class 1 or 2 license; and

(ii) provide verification of successful completion of five years of professional experience as a licensed educator.

(f) For EMT:

(i) hold a Class 1 or 2 license;

(ii) hold a current CPR/First Aid certificate and a current license as a lead instructor obtained through the Montana Board of Medical Examiners;

(iii) provide verification of a minimum of 2,000 hours of EMT experience; and

(iv) provide verification of successful completion of a blended learning professional development course offered by the Office of Public Instruction.

(v) In addition to renewal requirements outlined in ARM 10.57.420, renewal of this endorsement will also require a current CPR/First Aid certificate and a current license as a lead instructor obtained through the Montana Board of Medical Examiners.

(g) For fire and disaster services:

(i) hold a Class 1 or 2 license;

(ii) provide verification of a minimum of 2,000 hours of employment in fire services or law enforcement; and

(iii) provide verification of successful completion of a blended learning professional development course offered by the Office of Public Instruction.

(5) A Class 4A, 4B, or 4C career and technical education license may be approved to teach traffic education if the license meets the requirements of ARM 10.13.310.

(6) To qualify for a ROTC instructor endorsement the applicant must provide evidence of certification by the appropriate branch of the U.S. military and successful completion of a criminal background check pursuant to ARM 10.57.201A. This endorsement does not require verification of 5,000 hours of work experience and may not be issued as a Class 4C license. A Class 4A or 4B license with a ROTC endorsement may be renewed every five years with resubmission of certification by the appropriate branch of the U.S. military.

This rule has been repealed.

This rule has been repealed.

(1) There are three types of Class 5 licenses:

(a) a Class 5A provisional license that is valid for one year;

(b) a Class 5B provisional license that is valid for three years; and

(c) a Class 5C provisional license that is valid for three years.

(2)  A Montana educator may be issued only one Class 5 provisional license per teaching license (Class 1 or 2), administrator license (Class 3), or specialist license (Class 6). A Class 5 provisional license is not available for an initial Class 4 license or a Class 7 or 8 license.

(3)  A Class 5A provisional license will be issued to those individuals seeking their initial Montana educator license who meet all licensure requirements except need successful completion of the Montana required Praxis test.  This license is valid for one year and is non-renewable.

(4) A Class 5B provisional license is valid for a term of three years, is not renewable, and may not be reinstated. A Class 5B provisional license will be issued to those individuals who hold a bachelor's degree from a regionally accredited college or university but have not completed an approved educator preparation program. 

(a) An applicant for a Class 5B provisional license must sign and file with the Superintendent of Public Instruction a plan of professional intent leading, within three years of the date of validity of the provisional license, to an appropriately endorsed Class 1, 2, 3, or 6 license as provided in ARM 10.57.412, 10.57.414, 10.57.415, 10.57.418, 10.57.419, or 10.57.434 and 10.57.435.

(5)  A Class 5C provisional license is valid for a term of three years, is not renewable, and may not be reinstated.  A Class 5C provisional license will be issued to those seeking a license in Montana whose degree is more than five years old, do not hold a current standard, unrestricted educator licensure, and have not earned 60 professional development units as defined in ARM 10.57.215(4) within the five-year period preceding the effective date of the license.

(a) An applicant for a Class 5C provisional license must sign and file with the Superintendent of Public Instruction a plan of professional intent to obtain 60 professional development units which lead, within three years of the date of validity of the provisional license, to an appropriately endorsed Class 1, 2, 3, or 6 license as provided in ARM 10.57.412, 10.57.414, 10.57.415, 10.57.418, 10.57.419, or 10.57.434 and 10.57.435.

(6) An applicant for a Class 5A, 5B, or 5C provisional license must provide verification of:

(a) a bachelor's degree from a regionally accredited college or university; and

(b) a current Montana address or job offer from a P-12 school in Montana; and

(c) completion of the online course "An Introduction to Indian Education for All in Montana."

(7) A Class 5A, 5B, or 5C provisional licensee is not eligible for a Board of Public Education approved internship program in the same endorsement area subsequent to the Class 5A, 5B, or 5C licensure expiration date.

(1) Subject field endorsement must be in areas approved for endorsement by the Board of Public Education.

(2)  Areas approved for endorsement on Class 5 provisional license include the following: agriculture, art K-12, biology, business education, chemistry, communication, computer science, early childhood (P-3), earth science, economics, elementary education (K-8), English, English as a second language K-12, family and consumer sciences, geography, health, health and physical education K-12, history, industrial trades and technology education, journalism, library K-12, mathematics, middle grades (4-8), music K-12, physical education K-12, physics, political science, psychology, reading K-12, school counseling K-12, science (broadfield), social studies (broadfield), sociology, special education P-12, special education P-12 hearing impairment, special education P-12 vision impairment, theater, traffic education, and world languages K-12.

(3)  As appropriate, grade level endorsements may be issued as consistent with the educator preparation program completed by the applicant.

(4)  To obtain an early childhood (P-3), elementary (K-8), middle grades (4-8), secondary (5-12 content-specific), K-12 (as delineated in ARM 10.57.412), or P-12 (special education and school psychologist) endorsement, an applicant must provide verification of:

(a)  a bachelor's degree from a regionally accredited college or university; and

(b)  for those applicants who have not completed an approved educator preparation program, a plan of study from an approved educator preparation program verifying that the applicant:

(i)  can meet the requirements for full licensure within the three-year valid period of the license; and

(ii)  meets the professional educator preparation program's admission requirements.

This rule has been repealed.

(1) To obtain a Class 5 provisional license with a superintendent endorsement, an applicant must provide verification of:

(a) a master's degree from a regionally accredited college or university in education or education leadership;

(b) eligibility for a Class 1, 2, or 5 teaching license or school counseling license or a current standard, unrestricted out-of-state license;

(c) a minimum of three years of experience as an appropriately licensed and assigned teacher or school counselor license at any level;

(d) one year of appropriately licensed experience as a principal;

(e) completion of an approved educator preparation program, as defined in ARM 10.57.102, for superintendents; and

(f) for those applicants who have not completed the courses covering Montana School Finance, Montana School Law, and Montana Collective  Bargaining and Employment Law, in order to qualify, such courses must have been provided either by:

(i) an approved professional development provider pursuant to ARM 10.57.216; or

(ii) an approved school administrator preparation program. 

(2) Applicants required to complete coursework other than Montana requirements in Montana school law, Montana collective bargaining and employment law, and Montana school finance are not eligible for a Class 5 provisional license, but may enroll in an internship program pursuant to ARM 10.55.607.

(1) To obtain a Class 5 provisional license with an elementary, secondary, or K-12 principal endorsement, an applicant must provide verification of:

(a) a master's degree from a regionally accredited college or university in education or education leadership;

(b) eligibility for a Class 1, 2, or 5 teaching or school counseling license at the level of the requested endorsement or a current standard, unrestricted out-of-state license; and

(c) a minimum of three years of experience as an appropriately licensed and assigned teacher or counselor at the level of the requested endorsement.

(2) Applicants required to complete coursework requirements other than school law, including special education law are not eligible for a Class 5 provisional license, but may enroll in an internship program pursuant to ARM 10.55.607.

This rule has been repealed.

This rule has been repealed.

(1) To obtain a Class 5 provisional license with a supervisor endorsement, an applicant must provide verification of:

(a) a master's degree from a regionally accredited college or university in the area requested for supervisory endorsement; and

(b) three years of appropriately licensed experience as a teacher or counselor  in the area requested for supervisory endorsement or three years of experience in a P-12 school setting as a fully licensed and appropriately assigned related services provider; and

(c) a plan of study from an approved educator preparation program verifying that the applicant:

(i) can meet the requirements for full licensure within the three-year valid period of the license; and

(ii) meets the educator preparation program's admission requirements.

(1) To obtain a Class 5 provisional license with a specialist endorsement in school psychology, an applicant must provide:

(a) verification of a master's degree or greater in school psychology or related field from a regionally accredited college or university; and

(b) for those applicants who have not completed an approved specialist preparation program, verification from an approved specialist program, of being within four course deficiencies of completing full requirements as outlined in ARM 10.57.434.

(2) To obtain a Class 5 provisional license with a specialist endorsement in school counseling an applicant must provide:

(a) verification of a bachelor's degree; and

(b) verification from the approved specialist program, of being within four course deficiencies of completing full requirements as outlined in ARM 10.57.435.

(1) A Class 6 specialist license is valid for a period of five years.

(2) Class 6 specialist licenses may be issued with the following endorsements:

(a) school psychologist; or

(b) school counselor.

(3) Applicants for an initial Montana Class 6 license with a degree more than five years old and who do not have current out-of-state licensure must have earned 60 professional development units as defined in ARM 10.57.215(4) within the five-year period preceding the effective date of the license. For the purposes of this provision, current licensure does not include provisional or restricted licenses.

(4) An applicant must verify completion of the online course "An Introduction to Indian Education for All in Montana."

(5) A Class 6 specialist license may also be endorsed in traffic education if the licensee meets the requirements of ARM 10.13.310 and is approved by the Superintendent of Public Instruction.

(6) Class 6 specialist licenses may be renewed pursuant to the requirements of ARM 10.57.215.

(7) A lapsed Class 6 specialist license may be reinstated by showing verification of 60 professional development units earned during the five-year period preceding the date of application for the new license.

(1) To obtain a Class 6 specialist license with a school psychologist endorsement an applicant must provide verification of:

(a) current credentials as a nationally certified school psychologist (NCSP) from the National Association of School Psychologists (NASP); or 

(b) completion of a specialist level degree from a NASP accredited school psychologist program which included a 1200-hour internship, of which 600 hours were in a P-12 school setting; or

(c) for those applicants who did not earn at least a specialist level school psychology degree from a NASP accredited program:

(i) a master's degree or higher in school psychology or a related field from a regionally accredited college or university; and

(ii) recommendation from a NASP accredited specialist program defined in ARM 10.57.102, attesting to the applicantʹs qualifications being equivalent to NASP training standards, which included a 1200-hour internship experience of which 600 hours were in a P-12 school setting.

(1) To obtain a Class 6 specialist license with a school counselor endorsement an applicant must provide verification of:

(a) a master's degree from a regionally accredited college or university; and

(b) completion of a CACREP accredited school counselor program which included an internship in a P-12 school setting of 600 hours; or

(c) for those applicants who did not earn a degree from a CACREP accredited program:

(i) a masterʹs degree in school counseling from a regionally accredited college or university; and

(ii) recommendation from an approved specialist program defined in ARM 10.57.102, which included an internship in a P-12 school setting of 600 hours.

(1) A Class 7 American Indian language and culture specialist license is valid for a period of five years.

(2) The Superintendent of Public Instruction shall issue a Class 7 license based upon verification by the authorized representative of a tribal government, that has a memorandum of understanding with the Superintendent of Public Instruction, that the applicant has met tribal standards for competency and fluency as a requisite for teaching that language and culture.

(3) The Board of Public Education will accept and place on file the criteria developed by each tribe for qualifying an individual as competent to be a specialist in its language and culture.

(4) An application must verify completion of the online course "An Introduction to Indian Education for All in Montana." 

(5) A Class 7 American Indian language and culture specialist licensee may be approved to teach traffic education if the licensee meets the requirements of ARM 10.13.310 and is approved by the Superintendent of Public Instruction.

(6) A Class 7 American Indian language and culture specialist license may be renewed upon meeting the terms of the renewal as provided in the memorandum of understanding in (2). 

(7) A school district may assign an individual licensed under this rule to only specialist services within the field of American Indian language and culture under such supervision as the district may deem appropriate. No other teaching license or endorsement is required for duties within this prescribed field.

(1) A faculty member of a college or university is required to hold a Class 8 dual credit license, unless already licensed or eligible for licensure as a Class 1, 2, or 4 and properly endorsed, whenever a faculty member is teaching a dual credit course at the college or university for which one or more students will earn both high school and college credit.

(2) The license is valid for five years.

(3) To obtain a Class 8 dual credit postsecondary faculty license, an applicant shall provide the following:

(a) verification of faculty employment from the Chief Academic Officer or an appropriate official of the employing regionally accredited college or university;

(b) compliance with all other nonacademic requirements for licensure as required by 20-4-104, MCA, ARM 10.57.201 and 10.57.201A;

(c) recommendation from the Chief Academic Officer from a regionally accredited college or university verifying the applicant plans to teach in a subject covered by the K-12 endorsement areas in ARM 10.57.438, and will teach a subject in which the applicant has a major or minor; and

(d) verification of completion of the online course "An Introduction to Indian Education for All in Montana."

(4) Class 8 dual credit license applications will be reviewed by the Certification Standards and Practices Advisory Council for recommendation regarding issuance of the license by the Superintendent of Public Instruction. Denial of an application for licensure shall be appealable to the Board of Public Education pursuant to ARM 10.57.607.

(5) A Class 8 dual credit postsecondary faculty license may be consecutively reissued upon submission and approval of an application for renewal. An educator with a lapsed Class 8 license must submit a new application.

(6) A Class 8 license shall not be valid unless the licensee is in an employment relationship with a regionally accredited college or university.

(1) Areas approved for endorsement on Class 8 dual credit-only postsecondary faculty licenses are listed in ARM 10.57.412 and 10.57.421.

(2) Applicants for the Class 8 license with degrees in highly specialized academic areas and hired by the college or university to teach specific courses not covered by the K-12 endorsement areas in (1), may be eligible for a designation in their area of specialization as approved by the Superintendent of Public Instruction.

(1) Professionals such as social workers, nurses and speech and hearing therapists who are teaching in a classroom must have a teaching license appropriate for the level(s) and area(s) taught.

(2) Speech and hearing therapists engaged in school services in the public schools of Montana who issued grades or credits in the pupil's school program must be licensed under the regularly established teacher licensure requirements in speech and hearing association.

(1) Pursuant to 20-4-110, MCA, requests to issue a letter of reprimand or to suspend or revoke an educator/specialist license shall be brought before the Board of Public Education by only:

(a) an official action of the board of trustees of a local district for any licensed educator/specialist currently employed by that district or under contract or otherwise employed by that district at any time during the 12 months prior to the receipt by the Board of Public Education of the discipline request; or

(b) the Superintendent of Public Instruction.

(2) The Superintendent of Public Instruction may initiate a request to the Board of Public Education for discipline against an educator/specialist's license within 12 months from the date of receiving direct notification of alleged misconduct from a local school district board of trustees or from any other credible source.

(3) Requests for discipline shall specify whether a letter of reprimand, revocation, or suspension is sought and shall include:

(a) the specific charge(s) against the educator/specialist;

(b) the subsection of 20-4-110, MCA, under which the charge(s) is brought;

(c) an outline of the facts and evidence related to the charge(s); and

(d) if the request is made by a board of trustees of a district, a copy of the minutes documenting the trustees' decision to request disciplinary action.

(1) "Immoral conduct" related to the teaching profession, under 20-4-110(1)(f), MCA, includes, but is not limited to:

(a) sexual contact, as defined in 45-2-101, MCA, or sexual intercourse as defined in 45-2-101, MCA, involving a minor or a person the applicant or licensee knows, reasonably should know, or should have known is a student at a public or private elementary or secondary school;

(b) conduct, whether resulting in the filing of criminal charges or not, which would constitute an offense under any of the following statutes of this state:

(i) 45-5-502, MCA, (sexual assault);

(ii) 45-5-503, MCA, (sexual intercourse without consent);

(iii) 45-5-504, MCA, (indecent exposure);

(iv) 45-5-505, MCA, (deviate sexual conduct), if the conduct either was non-consensual or involved a minor or a person the applicant or licensee knows, reasonably should know, or should have known is a student at a public or private elementary or secondary school;

(v) 45-5-507, MCA, (incest);

(vi) 45-5-601, 45-5-602, or 45-5-603, MCA, (offenses involving prostitution);

(vii) 45-5-622(2), MCA, (endangering the welfare of children);

(viii) 45-5-623, MCA, (unlawful transactions with children);

(ix) 45-5-625, MCA, (sexual abuse of children);

(x) 45-8-201, MCA, (obscenity);

(xi) 45-5-627, MCA, (ritual abuse of minor);

(xii) any statute in Title 45, chapter 9, part 1, MCA, (dangerous drugs);

(xiii) 45-5-220, MCA, (stalking);

(xiv) 45-5-223, MCA, (surreptitious visual observation or recordation);

(xv) 45-10-103, MCA, (criminal possession of drug paraphernalia);

(xvi) 45-10-105, MCA, (delivery of drug paraphernalia to a minor);

(xvii) 45-8-334, MCA, (possession of a destructive device);

(xviii) 45-8-361, MCA, (possession or allowing possession of weapon in school building);

(xix) 45-8-403, MCA, (use of threat to coerce gang membership);

(xx) 45-8-406, MCA, (supplying of firearms to criminal street gang);

(xxi) 45-5-622(3), MCA (endangering welfare of children);

(c) repeated convictions for violations of any one or more of the criminal laws of this state, which violations are not otherwise grounds for suspension or revocation, if the repeated convictions, taken together, demonstrate that the teacher, specialist or administrator is unwilling to conform their conduct to the requirements of law;

(d) occurrences related to ARM 24.9.1003(3), (sexual harassment), defined as "unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature" when:

(i) submission to the conduct is explicitly or implicitly made a term or condition of education;

(ii) submission to or rejection of the conduct is used as the basis for an educational decision affecting the individual; and/or

(iii) the conduct has the purpose or effect of unreasonably interfering with school performance or creating an intimidating, hostile or offensive learning environment.

(e) submitting false credentials, omitting relevant information, or making any statement of material fact an applicant or licensee knows to be false to apply for a license, endorsement, employment, or promotion. False credentials include but are not limited to:

(i) college degrees or credit from non-accredited or -approved colleges or universities;

(ii) false professional development credit;

(iii) false academic awards; or

(iv) inaccurate employment history;

(f) significant misuse of technology or electronic communication involving a minor or a person an applicant or licensee knows, reasonably should know, or should have known is a student at a public or private elementary or secondary school, including but not limited to misuse of computers, cellular telephones, or other electronic devices; or

(g) intentionally falsifying or deliberately misrepresenting information regarding standardized assessment of students, including but not limited to providing or changing test answers or using inappropriate testing accommodations or modifications.

(1) Upon receipt of a request for disciplinary action by the trustees of a district or the Superintendent of Public Instruction pursuant to 20-4-110(2), MCA, and ARM 10.57.601, the Board of Public Education shall review the allegations to determine whether there is sufficient cause to believe that professional misconduct occurred.

(2) This review shall include notifying the affected licensee of the request for discipline and allegations against the licensee by certified mail and allowing the licensee ten days to respond to those charges.

(3) If the Board of Public Education determines there is sufficient cause to believe that professional misconduct occurred, the Board of Public Education shall provide notice to the licensee of a hearing on possible disciplinary action as provided in ARM 10.57.602.

(1) Upon notice of a request for disciplinary action pursuant to ARM 10.57.601 and determination of sufficient cause, the Board of Public Education shall provide notice of a pending disciplinary action to the licensee, by certified mail not less than 30 days prior to the date of the hearing. 

(a) Such notice shall include:

(i) a statement of the time, place and nature of the hearing;

(ii) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(iii) a reference to the particular sections of the statutes and rules involved;

(iv) a statement of the matters asserted;

(v) a designation of who will hear the allegation pursuant to ARM 10.57.603; and

(vi) a statement of the licensee's right to be represented by counsel at the hearing.

(b) The notice shall advise the licensee that the licensee has the right to contest the proposed disciplinary action of the board, and that the licensee may do so by filing a written signed statement contesting the matters asserted and requesting a hearing.

(c) The notice shall advise the licensee that the disciplinary hearing will be open to the public unless an individualʹs right to privacy outweighs the publicʹs right to know.

(2) If the licensee elects to contest the proposed disciplinary action, the board shall conduct a contested case hearing pursuant to ARM 10.57.603.

(3) If resolution is reached prior to the hearing, the parties may report such resolution to the board and ask for dismissal of the matter.

(1) The Board of Public Education shall select one of the following methods for providing a hearing:

(a) a hearing before the board at a special or regular meeting of the board;

(b) a hearing before a committee of the board that shall report to the board proposed findings of fact, proposed conclusions of law, and a proposed order; or

(c) a hearing before a hearing examiner appointed by the board who shall report to the board proposed findings of fact, proposed conclusions of law, and a proposed order.

(2) At the time and place set in the notice to the applicant or licensee, the chairperson of the Board of Public Education, the designated committee, or an appointed hearing examiner shall conduct the hearing in accordance with Title 2, chapter 4, part 6, MCA, and ARM 1.3.211 through 1.3.224 of the Attorney General's model rules for hearing contested cases.

(3) Prior to the hearing, the boardʹs attorney or designated hearing officer shall schedule a pre-hearing conference to consider:

(a) simplification of the issues;

(b) the possibility of obtaining admissions of facts and documents;

(c) the number of witnesses;

(d) the exchanges of witness and exhibit lists; and

(e) any other matters which may aid in the disposition of the matter.

(4) On appeal the burden is on the appellant to establish by a preponderance of the evidence that the appellant meets the statutory criteria for issuance of an educator/specialist license. In the case of a request for disciplinary action against a licensee pursuant to ARM 10.57.601 or 10.57.611, the burden is on the requestor to establish by a preponderance of the evidence that the disciplinary action is warranted.

(1) Either immediately following the hearing, or within 30 days of the conclusion of the hearing regarding an educator/specialist license, the Board of Public Education shall, as applicable:

(a) uphold the decision of the Superintendent of Public Instruction to deny an application for licensure;

(b) dismiss the matter;

(c) issue a letter of reprimand;

(d) enter into a stipulated agreement; or

(e) suspend or revoke the license for a specific period of time, up to and including permanent revocation of the license.

(2) Consistent with a decision to suspend or revoke a license, the board shall issue findings of fact, conclusions of law, and an order signed by the board chair or designee.

(3) The board shall record its decision in its minutes and shall provide its decision, including the letter of reprimand, or a copy of the findings of fact, conclusions of law, and order by certified mail to the licensee and to any other involved party within ten days of its decision.

(4) The date of the letter of reprimand, decision to uphold a denial of licensure by the superintendent, or final written decision and order of the board determines the date from which an appeal may be filed pursuant to 2-4-702, MCA.

(5) Pursuant to 2-4-623, MCA, decisions of the Board of Public Education shall be available for public inspection. Confidential information such as names of any minors, the applicant’s or licensee’s address, telephone number, or medical records may be redacted from the posted final decision.

(1) A licensee may surrender his or her license to the Superintendent of Public Instruction. The Superintendent of Public Instruction, upon review, may accept or reject the license surrender.

(2) Surrender of a license to the Superintendent of Public Instruction does not relieve the reporting requirements set forth in 20-4-110, MCA.

(3) The Superintendent of Public Instruction may investigate further following the surrender of a license and shall maintain a record of the circumstances surrounding the surrender of any license. The contents of that record shall be available for review by the licensing authority from any other jurisdiction in which the educator/specialist seeks licensure.

(4) Surrender of a license is permanent and irrevocable, unless specified otherwise in the document of surrender. Surrender of a license is a sanction against an educator or specialist and may prejudice the ability of an educator/specialist to successfully seek relicensure.

(5) The Superintendent of Public Instruction shall immediately inform the Board of Public Education of each surrender of a license and of the circumstances surrounding the surrender.

(1) The Superintendent of Public Instruction shall maintain membership in the National Association of State Directors of Teacher Education and Certification (NASDTEC) and shall report information concerning disciplinary action to the NASDTEC clearinghouse.

(2) Upon receipt of a license surrendered pursuant to ARM 10.57.605, the Superintendent of Public Instruction shall report to the NASDTEC clearinghouse that the superintendent accepted the surrender of a license held by the licensee.

(3) The Superintendent of Public Instruction shall report to the NASDTEC clearinghouse the denial of licensure for cause. A denial "for cause" is defined as circumstances which:

(a) resulted in a determination by the superintendent that the applicant lacked the requisite moral and professional character; or

(b) would, in the case of a licensed Montana educator, be grounds for suspension or revocation.

(4) The superintendent shall not report to NASDTEC under (3) until either:

(a) the period for appeal of denial as provided in ARM 10.57.607 has expired; or

(b) the Board of Public Education affirms the denial.

(5) The Superintendent of Public Instruction shall report to the NASDTEC clearinghouse a letter of reprimand issued by the Board of Public Education, and the suspension or revocation of a license held by an educator/specialist licensed in Montana.

(6) If a denial of licensure or disciplinary action by the Board of Public Education is overturned by a court of competent jurisdiction, the Superintendent of Public Instruction will notify the NASDTEC clearinghouse of such action.

(7) The Superintendent of Public Instruction shall maintain, pursuant to the superintendent's record retention policies, a record of the circumstances surrounding the surrender, denial, revocation, suspension, or reprimand involving a license or application for licensure. The contents of that record shall be available for review by the certifying authority from any other jurisdiction in which the educator/specialist seeks licensure.

(1) Written notice of appeal from the decision of the Superintendent of Public Instruction to deny issuance or renewal of an educator/specialist license must be submitted to the Board of Public Education. Written notice of appeal must be postmarked or received by the board no later than 30 days from the date of the letter of denial sent from the office of the Superintendent of Public Instruction.

(2) The written notice of appeal shall be submitted by email or sent via post mail. The notice must be signed by the appellant and must:

(a) summarize the appellant's responses to the superintendent's denial of licensure;

(b) provide preliminary statements supporting the appellantʹs contention that the superintendentʹs denial should be overturned; and

(c) if applicable, show that the appeal satisfies the requirements of ARM 10.57.608.

(3) When an appeal of a denial from the decision of the superintendent is before the Board of Public Education, the board shall provide notice by certified mail at least 30 days prior to a hearing of the appeal.

(a) Such notice shall include:

(i) a statement of the time, place, and nature of the hearing;

(ii) the legal authority and jurisdiction under which the hearing is to be held;

(iii) reference to the particular sections of the statutes and rules involved;

(iv) a statement of the matters asserted; and

(v) designation of who will hear the allegation pursuant to ARM 10.57.603.

(b) The notice shall advise the applicant that the applicant has the right to contest the denial and that the applicant may do so by appearing at the hearing either personally or through counsel, or by requesting the board to consider the matter on the basis of the available evidence without an appearance by the applicant.

(c) The notice shall advise the licensee that the hearing will be open to the public unless an individualʹs right to privacy outweighs the publicʹs right to know.

(d) The hearing officer or person designated pursuant to ARM 10.57.603 to hear the appeal shall conduct a pre-hearing conference to determine matters relevant to scheduling, evidence, witnesses, and other matters related to the hearing as delineated in ARM 10.57.603.

(1) The Board of Public Education shall not consider an appeal from a denial by the Superintendent of Public Instruction based on 20-4-104, MCA, if the appellant has made an appeal to the board from the denial of a license within three years prior to the application which is at issue, and the appellant did not prevail following a hearing, unless at the time of notice of appeal pursuant to ARM 10.57.607 the appellant demonstrates substantial changes in circumstances relating to the appellant's eligibility for a license.

(2) The board shall not consider an appeal by a licensee regarding a suspended, revoked, or surrendered license during the period of suspension, revocation, or surrender.

This rule has been repealed.

(1) A licensed staff member commits substantial and material nonperformance of an employment contract pursuant to 20-4-110(1)(g), MCA, if, after signing a binding contract of employment with a Montana school district, the licensed staff member substantially and materially breaches such contract without good cause.

(2) "Good cause" shall be determined by the board on a case-by-case basis. The following are examples of good cause:

(a) substantial hardship to the licensed staff member's family due to a change in employment of the spouse of the licensed staff member that necessitates a move;

(b) illness of a family member of the licensed staff member that necessitates a move for purposes of providing for, caring for, or tending to the ill family member; or

(c) intolerable working conditions, judged on the same basis as constructive discharge under Montana law.

(3) Licensed staff members violating 20-4-110(1)(g), MCA, may be penalized as follows:

(a) a first violation committed not more than 30 calendar days prior to the beginning of the school year may result in a sanction not to exceed placement of a letter of reprimand in the licensed staff member's public record certification file;

(b) a first violation committed on or after school starts shall result in a sanction ranging from placement of a letter of reprimand in the licensed staff member's public record licensure file to temporary suspension of the licensed staff member's license for not more than 30 days; and

(c) a second or subsequent violation shall result in a sanction ranging from a temporary suspension of the licensed staff member's license to revocation of the license.

(4) In determining the severity of the sanction, if any, the Board of Public Education will consider the following:

(a) any direct, harmful impact on students caused by the breach of contract;

(b) the length of prior notice provided to the employing board by the licensed staff member; and

(c) the impact of the licensed staff member's breach of contract on the district's compliance with accreditation standards.

(5) This rule shall not be construed to either require or to prohibit the board from exercising its discretion in overseeing discipline of license holders pursuant to 20-4-110(6), MCA.